What to watch for in the coming weeks - BP bites back - Probe clears BP claims center chief but flags others

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WELCOME BACK CONGRESS: Congress returns to the Hill this week after a long August recess, but don’t look for too much action on energy issues in the coming weeks. Lawmakers’ dance cards are already filling up with issues like Syria, a continuing resolution and the debt ceiling. Here’s what to watch for in the near future:

Shaheen-Portman: The Senate’s long-awaited energy efficiency bill will have to wait a little longer. The chamber had been scheduled to take up S. 1392 tomorrow morning, one of the first items on its agenda after the August recess. However, with a Syria resolution set to get consideration starting Wednesday and Senate Majority Leader Harry Reid’s office making it clear Shaheen-Portman comes after Syria, the odds of the chamber getting around to energy efficiency this week are slim to none. After that, the Senate’s legislative calendar begins to fill up with the need to pass a CR by the end of the month and address the debt ceiling soon after — threatening to punt floor time for Shaheen-Portman to mid-October or potentially even later.

Ron Binz: His confirmation hearing to chair the Federal Energy Regulatory Commission is tentatively scheduled for Sept. 17 (a date that could change, so stay tuned). The August recess gave opponents of Binz more time to dig up dirt and make their case in the media and to lawmakers. Binz is also getting a boost from a Washington PR firm. (If you need a refresher on preparations for the Binz nomination battle, check out Darius Dixon’s story from last month: http://politi.co/16ya71V)

House GOP’s climate change hearing: House Democrats have been asking Republicans to hold a hearing on climate change for years, and now they’re getting their wish. Energy Secretary Ernest Moniz and EPA Administrator Gina McCarthy are scheduled to show up at the Energy and Power subcommittee hearing next week, which is focused on what various federal agencies are doing on climate change issues. The committee is still hoping to snag top officials from nearly a dozen other agencies.

Tax extenders: It’s that time of year — when industries with sunsetting tax breaks start ramping up their lobbying efforts. Of particular interest is the production tax credit, which runs out for wind and other renewable energy sources on Dec. 31. Although the language was changed to allow any project that has made a minimal investment by the deadline — no matter when it begins generating electricity — to qualify, manufacturers are still hoping to secure a long-term extension of the credit. Also gaining steam is a proposal for a phase-out of the PTC. Whether Congress will get to tax extenders, or what vehicle it will use, is unclear.

OFF THE HILL: Because, while it may not always seem like it, not everything is about Congress.

Keystone XL: The State Department continues to work on its environmental review of the pipeline, posting public comments and dodging questions about a timeline for making a decision. Meanwhile, supporters of the project are eager to point out that Sept. 19 marks five years since TransCanada first submitted an application to the State Department.

Emissions rule: The White House’s Office of Management and Budget is currently going over EPA’s new rule for emissions from new power plants. Industry and environmental groups have been making their case to OMB and to EPA chief Gina McCarthy, but exact details of the regulation remain confidential for now. The president set a Sept. 20 deadline to release the proposed rule, although the administration could move sooner than that.

Other regs: The administration also continues to plug away on some high-profile regulations, including one for fracking on public lands, EPA’s “Tier 3” rule cutting sulfur in gasoline and the so-called 316(b) cooling tower rule for power plants and other facilities.

SPEAKING OF SYRIA: Deputy Energy Editor Matt Daily has a smart energy story on the issue: For once, almost nobody is accusing the United States of going to war for Mideast oil. “No blood for oil” was a familiar anti-war cry during the two U.S. military actions against Saddam Hussein, and access to the region’s abundant petroleum resources is a major reason that the U.S. has placed such strategic importance on the Middle East for decades. But so far, at least, the Syria debate has been different. Matt explains why: http://politi.co/17WxMwb

BP BITES BACK: Three years after the worst offshore oil spill in U.S. history, BP’s post-disaster demeanor has gone from contrite to combative. The oil giant is increasingly sparring with the federal government, Louisiana leaders like Gov. Bobby Jindal and the throngs of businesses that still want compensation for the April 2010 spill. BP continues to tend its public image, blanketing the airwaves with upbeat ads about its “commitment to America,” and it agreed last year to pay a record $4.5 billion in fines stemming from the spill. But it’s also mounting an aggressive legal, advertising and public relations attack on the court-administered process for weighing spill victims’ damage claims, alleging that it’s become rife with fraud. Talia Buford has more for Pros: http://politico.pro/1ev7HWa

PROBE CLEARS HEAD OF BP SETTLEMENT CENTER BUT FLAGS OTHER STAFFERS FOR DOJ: Via the AP: “A former FBI director recommended Friday that the Justice Department investigate whether several lawyers plotted to corrupt the settlement program designed to compensate victims of BP's 2010 Gulf oil spill. But the independent probe led by Louis Freeh didn't find any evidence of wrongdoing by the multibillion-dollar settlement's court-appointed administrator, who has been a target of BP's increasingly aggressive campaign to challenge payouts to Gulf Coast businesses. …

“The report also found nothing that warranted shutting down payments to victims of the oil spill, which spewed millions of gallons of oil into the water, fouling marshes, fisheries and beaches from Louisiana to Florida. However, Freeh concluded that then-top members of Juneau's staff engaged in conduct that was improper, unethical and possibly criminal. He recommended that his report be forwarded to the Justice Department.” More from the AP: http://bit.ly/17MqKnJ. Freeh’s 95-page report: http://1.usa.gov/17iy65B

ICYMI: BP America last week announced several changes to its PR shop, including promoting Geoff Morrell to senior vice president and consolidating various comms teams. BP’s press release: http://bit.ly/17IQXUi

ILLNESSS OF FORMER EPA OFFICAL CHARGED WITH THEFT POSTPONES HEARING: An arraignment scheduled for today in the case of an EPA employee who stole nearly $900,000 from EPA over more than a decade has been moved to later this month because he is currently hospitalized. John Beale, who has worked at EPA since the 1980s, has been charged with theft of government property obtained via fraudulent bonuses and salary. In a court filing Friday, his lawyer wrote that Beale will be in the hospital at least through today due to “a potentially serious medical condition affecting his throat.” The hearing before Magistrate Judge John Facciola of the U.S. District Court for the District of Columbia now is set for Sept. 27. The Justice Department is seeking to recover $507,207 from Beale.

HARPER PROPOSES ACTION TO WIN KXL APPROVAL — REPORT: In case you missed it Friday, Canadian Prime Minister Stephen Harper reportedly sent a letter to President Barack Obama last month proposing “joint action to reduce greenhouse gas emissions in the oil and gas sector” in an effort to win the Obama administration’s approval of the Keystone XL oil pipeline. The proposal quickly drew scorn from green groups who said Canada cannot cut emissions enough to offset the oil development. Andrew Restuccia and Darren Goode: http://politico.pro/14waOLw

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STEYER KICKS OFF $1 MILLION AD CAMPAIGN AGAINST KXL: Sharp ME readers will remember billionaire activist Tom Steyer said last month he would be launching a $1 million campaign against Keystone XL — and now the ad buy is beginning. The campaign, which will be four parts, began yesterday with 90-second spots during the Sunday shows hitting the project for sending Canadian oil to Gulf Coast refineries for potential export. “Here’s the truth: Keystone oil will travel through America, not to America,” Steyer says in the spot. The ad also notes next week’s round of commercials will focus on the oil spill earlier this year in Mayflower, Ark. While that pipeline is owned by Exxon, Keystone opponents seized on the accident as a sign of what could happen. Video: http://bit.ly/15ar0k2

The boys are back in town: Canadian Natural Resources Minister Joe Oliver is in town today to meet with Energy Secretary Ernest Moniz to discuss “the significance of the Canada-U.S. energy relationship and Canada as the United States’ responsible energy supplier,” according to an advisory.

Why wait? 350.org put out a statement Sunday that it is “great that Oliver and Moniz are meeting” but that “there is no way that Canada can meet its targets for reducing global warming pollution while trying to expand production of the tar sands.”

EVEN MORE STEYER: The New Yorker’s Ryan Lizza has a piece out today on Steyer and the politics of the pipeline: http://nyr.kr/17jIv0R

WYDEN MAY PUSH LEGISLATION BOOSTING FERC’S POLICING POWERS: Senate Energy and Natural Resources Chairman Ron Wyden on Friday said he is considering legislative action giving FERC more powers to police energy markets. Wyden and other senators earlier this year asked the Commodity Futures Trading Commission to work with FERC on boosting information sharing, but in an Aug. 29 letter the lawmakers released Friday afternoon, FERC Chairman Jon Wellinghoff wrote that “the two agencies disagree over whether the CFTC should provide FERC with certain data that we believe is critical to our surveillance program to detect and deter energy market manipulation.”

— The jurisdictional waters have been muddied by disagreements over the Energy Policy Act of 2005 and a recent court ruling that CFTC has exclusive oversight of futures markets. Wellinghoff said that he would support “a legislative fix to eliminate uncertainty on this matter and ensure that FERC has the full authority needed to police manipulation of wholesale physical natural gas and electric markets.” FERC’s Aug. 29 letter to lawmakers: http://1.usa.gov/12KSGJj

EPW GOP REPORT HITS EPA OVER TRANSPARENCY: Senate Environment and Public Works Republicans will release a report today criticizing EPA over transparency and FOIA issues — what the report, previewed to ME, alleges is “a culture of secrecy and evasion” that developed under former EPA chief Lisa Jackson. (Jackson, now at Apple, is testifying on federal transparency issues before a House panel this week.) The report reviews complaints made by ranking member David Vitter and others over the last few months, including Jackson’s “Richard Windsor” email account, officials occasionally using their personal email accounts for agency matters, alleged discrepancies in waiving FOIA fees for environmental groups while denying waivers to conservative groups, and more.

— The report concludes: “These actions were taken contrary to official EPA policy and sometimes, contrary to the law. While in some instances the Agency has begrudgingly admitted their mistakes, the culture of secrecy runs deep and it will take the proactive intervention of EPA’s new leadership to right the ship and permit the transparency the President promised the American people.”

GROUPS ASK OMB TO WITHDRAW SOCIAL COST OF CARBON DOCS: Several industry groups are petitioning OMB to withdraw two technical support documents regarding calculating the social cost of carbon, a key part of determining the costs and benefits of environmental regulations. Among the groups’ complaints are that the two estimates, according to the petition, fail transparency tests, were not subject to peer review and do not "offer a reasonably acceptable range of accuracy for use in policy-making." Signatories include the National Association of Manufacturers, the American Petroleum Institute and America's Natural Gas Alliance: http://politico.pro/1cWf0V7

BIOFUELS GROUP HOSTS FLY-IN: The ethanol group Growth Energy is hosting its big annual fly-in today through Wednesday, where more than 100 members will be meeting Agriculture Secretary Tom Vilsack, White House officials and lawmakers. As with previous biofuel fly-ins, the group will push the message that Congress should leave the Renewable Fuel Standard alone and allow EPA to use already-existing statutory authority to make small adjustments. They’ll also press for higher blends of renewable fuels.

— EPA is withdrawing two long-sought chemical rules that had been collecting dusts for months at the White House, Darren Goode reports: http://politico.pro/18MXbn9

— New Australian Prime Minister Tony Abbott will have to work with minor parties to get rid of carbon pricing and a mining tax, Bloomberg reports: http://bloom.bg/14wWLFF

— Lithium-ion battery-maker LG Chem has temporarily shut down production at its Michigan facility because an ingredient used in production "might not be properly registered" with EPA, MLive reports: http://bit.ly/18IbVnb

— Patriot Coal has filed a restructuring plan to pay back creditors and wipe out shareholders. Reuters: http://reut.rs/1dO5hmC

— The NRC has cleared the way for FirstEnergy's Davis-Besse nuclear power plant in Ohio to get a 20-year license extension. AP: http://bit.ly/1dSy3Th

— Ohio is suing a solar energy company to get back more than $10 million in state development loans. Cincinnati Enquirer: http://cin.ci/19xtZD3

THAT’S ALL FOR ME. Welcome back to the daily grind.

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